Who's Right?Neighbour parking in front of my gate: what can I do?
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In short
In France, parking on a public road in front of a driveway entrance counts as obstructive parking, with a €35 fine. Talk to your neighbour first.
Both sides
I leave for work at 6:30, and three mornings this week Julien's car was blocking my gate. I had to knock on his door in my pyjamas to get him to move it, and I was late for work. This gate is the only way I can get my car out. I don't want a fight, but I shouldn't have to ask permission to leave my own home.
On our street there's almost never a space after 7 pm. I only park in front of Nadia's place in the evening, once her car is already in, and I always leave my number on the windscreen. I honestly thought she didn't go out before morning. I'm not trying to annoy her, I just need somewhere to park for the night.
The verdict
Nadia is right on the main point. A gate used to get a car out has to stay clear at all times. Leaving a phone number is thoughtful, but it doesn't fix anything: Nadia is still the one waiting, waking her neighbour up and arriving late.
That doesn't make Julien a bad neighbour. The lack of parking is real, he only parks there in the evening and he can be reached. His real mistake was assuming Nadia wouldn't leave before morning without ever asking her.
Most of the problem comes from what wasn't said. Nadia should have set a clear boundary the first time, and Julien should have asked before making her gate his regular spot.
The compromise
Starting tonight, Julien finds another space, even if it's a bit further away, and stops parking in front of the gate. In return, Nadia lets him know when she'll be away for a while (holidays, weekends) so he can park there then, with her agreement.
What the rules say
On public roads, the French Highway Code (article R417-10) treats parking in front of the driveway entrances of roadside properties as obstructive, meaning, in plain terms, a gate or garage a car can drive through. The text makes no exception for a neighbour, or even for the owner of the gate. According to Service Public, obstructive parking carries a fixed fine of €35. The vehicle can also be immobilised and towed to the pound if the driver is absent or refuses to move it. A private individual cannot decide to have a car towed: it is ordered by a judicial police officer or assistant judicial police officer (national police, municipal police, gendarmerie). If your gate opens onto a private road, a housing estate lane or a shared courtyard in a co-owned building, different rules may apply: check the co-ownership or estate regulations.
Sources:
- Article R417-10 - Code de la route - Légifrance (legifrance.gouv.fr)
- Amende pour stationnement interdit (abusif, gênant, très gênant, dangereux) (service-public.gouv.fr)
- Fourrière : ce que vous devez savoir (economie.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Can I have the car blocking my gate towed myself?
No. In France, towing to the pound is ordered by a judicial police officer or assistant officer (national police, municipal police or gendarmerie). Call them rather than a tow truck, and don't touch the vehicle.
What does a neighbour parked in front of my gate risk?
Obstructive parking carries a fixed fine of €35. If the driver is absent or refuses to move, the car can also be immobilised and towed.
Can I park in front of my own gate?
On a public road, the French Highway Code makes no exception for the owner of the entrance. So you can be fined too, and so can your guests.
What if it's just a small pedestrian gate?
The rule covers driveway entrances, the ones a car can drive through. A simple pedestrian gate is not normally covered. If in doubt, ask the municipal police.
What should I do if my neighbour keeps doing it?
Calmly explain that you need to be able to get out at any time, then leave a written note if it keeps happening. Take dated photos and call the municipal police or gendarmerie every time your gate is blocked.
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Written with the help of AI · This is not legal advice. How Who's Right decides
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